Rajasthan High Court - Jodhpur
Roshan Veshnav vs State Of Rajasthan (2024:Rj-Jd:9879) on 26 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:9879]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1128/2024
Roshan Veshnav S/o Shri Ratandas Veshnav, Aged About 28
Years, Resident Of Sarno Ka Kheda, P.s. Bagaur, District
Bhilwara.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jaipal Singh
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 26/02/2024
1. By way of filing the instant criminal misc. petition, challenge has been made to the order dated 11.12.2023 passed by the learned Special Judge, NDPS Cases, District Bhilwara in Criminal Misc. Case No. 58/2023 pertaining to FIR No. 30/2023 registered at Police Station SOG, Rajasthan, Jaipur whereby the prayer made by the petitioner for releasing the vehicle in question (Maruti Swift Car) bearing registration No. RJ 06 CF 5508 has been declined.
2. Learned counsel for the petitioner submits that he is the registered owner of the vehicle in question which has been seized by the Police Officers. He further submits that the petitioner being the owner of the vehicle in question, is the person best entitled to get back the possession of the seized property. There is no other person claiming supurdagi of the same.
3. Learned Public Prosecutor opposed the instant criminal misc. petition.
(Downloaded on 27/02/2024 at 08:43:44 PM)
[2024:RJ-JD:9879] (2 of 2) [CRLMP-1128/2024]
4. Considering the submissions and following the judgment rendered by Hon'ble the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638 and the order dated 18.11.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 2005/2022 [SLP (Crl.) No.7280/2022) titled as Sainaba Vs. The State of Kerala & Anr., wherein, the vehicle involved in a crime under NDPS Act was directed to be released on terms and conditions to be determined by the Special Court, the instant criminal misc. petition is allowed and this Court deems it just and appropriate to release the vehicle in question in favour of the petitioner on interim custody till conclusion of the trial provided he furnishes a Supurdaginama of Rs. 3,00,000/- and surety of like amount to the satisfaction of the Court below.
(FARJAND ALI),J 364-Pramod/-
(Downloaded on 27/02/2024 at 08:43:44 PM) Powered by TCPDF (www.tcpdf.org)